Allowed

Jai Prakash Singh v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Allahabad HC22 May 2024ABAIL/1098/2024

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail apprehending arrest in an FIR alleging cheating and forgery by a group of companies; applicant was an agent with no allegation he received investors' money and was not arrested during investigation. Relying on Mahdoom Bava v. CBI, the court allowed the application with standard conditions for bail upon summons to trial.

What did the court decide?

Anticipatory bail granted: release on bail by trial court on personal bond and two sureties if summoned, subject to stated conditions.

Jai Prakash Singh vs State of U.P. Thru. Secy. Deptt… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66646

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1098 of 2024 Applicant :- Jai Prakash Singh Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Chandra Shekhar Sinha,Akshat Sinha,Gaurav Verma Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime No.487/2020, under Sections 419, 420, 506, 120-B, 467, 468, 471 I.P.C., P.S. Kotwali Nagar, District Ayodhya.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It is alleged in the prosecution case that few years ago, coaccused Krishna Chandra Verma along with 7-8 persons came to the informant's residence and described himself as the group manager. These people told that under Anee Group, Anee Bullion and Industries Private Limited, Anee Securities Pvt. Ltd., Anee Rajawat Infra Pvt. Ltd, Anee Sri Sai Infra Pvt. Ltd., Anee marketing solutions Pvt. Ltd. does business in different types of companies all over the country. Anee group gives 40 % interest/business profit on deposits and deposits money for only a year. Ajit Gupta showed several forged license, certificates of the Government of India and told that his wife Mrs. Niharika Singh is Secretary in the Ministry of External Affairs under whose guidance the company is working and showed photographs of Niharika Singh along with the Prime Minister and many ministers. The informant fell in the guise of the above people and by believing them invested Rs.20,30,000/- by his name and also on the name of his family members. It is further alleged that thereafter, entire team including Ajit Gupta has gone missing and above people are not returning the money.

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Learned counsel for the applicant submits that applicant was agent in the company. In the F.I.R. as well as in the police report, there is no allegation that applicant has taken any money from the informant or any of the investors either in cash or in his account. During investigation applicant was not arrested and therefore, no useful purpose would be served in sending the applicant behind the bars. Applicant has explained the criminal

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history of three cases. Learned counsel for the applicant undertakes that applicant will cooperate in the trial.

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Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that charge-sheet in the matter has been filed.

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On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has explained the criminal history and he was not arrested during investigation, applicant's counsel undertakes that applicant will cooperate in the trial so also the judgment passed by Supreme Court in the case of Mahdoom Bava v. CBI , reported in 2023 SCC OnLine SC 299 , the anticipatory bail application is allowed .

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In view of the above, since, charge-sheet in the matter has been filed, if the applicant is summoned to face trial for offence in question, he shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 25.9.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Jai Prakash Singh v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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Jai Prakash Singh v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

Case brief

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